Legal Question in Credit and Debt Law in New York
Tolling of statute of limitations on medical bill
In February of 1998, my daughter (then a minor) received some medical services. The bill was received in May of 1998. Our insurance covered most of our costs, and we paid out what it didn't cover. In early July 2004, we received a letter demanding $3200 for services rendered. When we didn't pay, we were sued.
At this time, we no longer have old bank statements, so our main defense is the 6-year statute of limitations. What I was wondering is, does the 6-year period begin at the time service is rendered, at the time the bill is received, or at the time the last payment to the hospital is made - and if so, does it begin at the time the last payment is made by the insurance company, or by us personally?
I was also wondering if it is lawful of the hospital never to remind us of the debt in 6 years, considering that now they are also asking for interest.
The lawyer for the hospital has recently demanded that I sign a document giving him access to my medical records, and I was also wondering whether it would be lawful to refuse to sign one.
Thank you very much.
1 Answer from Attorneys
Re: Tolling of statute of limitations on medical bill
It might be best not to cooperate with the hospital lawyer. He might be over-zealous and a problem. He is a bill collector, and not a medical professional.
The statute of limitations, in my opinion, would start at the time of your last payment, not the insurance company. The hospital has a very specific idea of what you and what the insuarance will pay.
Because the services were made to your daughter, in the absence in writing of a promise from you to pay the money, she can write the hospital and 'disavow' the debt.
In addition, there may be some statutory problems preventing a hospital from using legal process to collect a debt for necessary medical services. I would have to look that up, but this may not be a collectable debt.
But, if they bring a lawsuit, you must respond. Do not let them get a default judgment.
You are welcome to a consultation for no fee.
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